Court erred in denying Defendant's motion to quash arrest and suppress evidence. Defendant was arrested at 5:20 a.m. when 6 to 10 armed police officers entered his home without a warrant, woke him, handcuffed him, and did not tell him that he was free to leave. A reasonable innocent person in Defendant's position would not have felt free to leave. Evidence at hearing on motion did not show that officers had identified Defendant or learned of his parole status prior to leaving for Chicago. Defendant was arrested without probable cause. Remanded for court to determine whether sufficient attenuation exists to purge taint of Defendant's illegal arrest from Defendant's subsequent statemetns and for any factual findings necessary to such determination. (McDADE, specially concurring; SCHMIDT, dissenting.)
Illinois Appellate Court
Criminal Court
Motions to Suppress